Distance Selling Regulations - Cost of Postage

arcon5

Flyboy152 wrote: »

They cannot just decide an item is personalised. They have to prove it is such. For example, if I order a car in metallic blue and with alloy wheels, I am ordering it to my specifications, but that is still not a personalised item.

But if you order an ipod and asked for it to read 'Jason' on the back, it's clearly personalised. You can't just then turn around and say 'but there's millions of other Jasons in the country, you can sell it to them'.

Flyboy152

bod1467 wrote: »

But as you berated me in a previous thread, cars are not subject to DSR anyway (although I gave an example in that thread) so your analogy is meaningless.

I think you may have me confused with someone else, I do not recall ever having a conversation with you about cars and the DSRs. But, on that subject; as far as I am aware, cars are covered by the DSRs.

Flyboy152

arcon5 wrote: »

But if you order an ipod and asked for it to read 'Jason' on the back, it's clearly personalised. You can't just then turn around and say 'but there's millions of other Jasons in the country, you can sell it to them'.

It could be debatable. If the buyer could prove that the seller had a thousand "Jasons" have their names put on an iPod, the business would have difficulty in proving that that the iPod was personalised. Indeed it would make sound business sense to have a few "Jasons" on the shelf already.

There was a thread recently regarding a kilt. The scenario debated on that thread was that even though the kilt was made to order, but the fit was a standard size, it wasn't considered to be personalised, this is the same theory.

bobajob_1966

Flyboy152 wrote: »

It could be debatable. If the buyer could prove that the seller had a thousand "Jasons" have their names put on an iPod, the business would have difficulty in proving that that the iPod was personalised. Indeed it would make sound business sense to have a few "Jasons" on the shelf already.

There was a thread recently regarding a kilt. The scenario debated on that thread was that even though the kilt was made to order, but the fit was a standard size, it wasn't considered to be personalised, this is the same theory.

And as I said on the other thread, your theory is rubbish. If you buy an ipod that is not a personalised product, if you then ask for your name to be inscribed on it, it becomes personalised.

Why would Apple have a few of each name waiting for someone to come along and order that specific one - do you know how many names are in the English language?

Deva_Eboracum

Thank you for all of the replies. With respect to the information I received in a durable form, I received nothing other than a receipted invoice which was provided by the driver when he delivered the sleepers.

The invoice included no T & C type information.

shaun_from_Africa

bobajob_1966 wrote: »

Why would Apple have a few of each name waiting for someone to come along and order that specific one - do you know how many names are in the English language?

Indeed.
With the advent of computer aided laser etching, there wouldn't be a need for any ipods with names on them to be held in stock.
All that would be needed is for the details to be automatically read from the order form and the required name or initials could be put on the item within seconds without it ever being touched by a human.

tomwakefield

Flyboy152 wrote: »

They cannot just decide an item is personalised. They have to prove it is such. For example, if I order a car in metallic blue and with alloy wheels, I am ordering it to my specifications, but that is still not a personalised item.

Selecting from predetermined options offered by the store is not customisation. Having something inscribed you've chosen yourself is customisation. How likely it is to resell is irrelevant.

Flyboy152

Flyboy152 wrote: »

I think you may have me confused with someone else, I do not recall ever having a conversation with you about cars and the DSRs. But, on that subject; as far as I am aware, cars are covered by the DSRs.

Hmm....maybe about as meaningless as me debating cars and DSRs with you.

arcon5

Flyboy152 wrote: »

It could be debatable. If the buyer could prove that the seller had a thousand "Jasons" have their names put on an iPod, the business would have difficulty in proving that that the iPod was personalised. Indeed it would make sound business sense to have a few "Jasons" on the shelf already.

There was a thread recently regarding a kilt. The scenario debated on that thread was that even though the kilt was made to order, but the fit was a standard size, it wasn't considered to be personalised, this is the same theory.

From what I remember of that thread, it WAS considered to be personalised.

If you selected the name 'Jason' from a selection of pre-determined names then it's not personalised, if you instruct to seller (irrespective of whether the shop round the corner sells the same item as standard stock; also irrespective of how many of the similar names they sell) to manufacture your goods to a specification you specify -- you HAVE personalised the goods.

There is no 'but if the retailer sells lots of similar ones its not excempt afterall'. You have either instructed the retailer to personalise the goods to your spec or you haven't.
A slightly more extreme example, if you commission an artist to produce a painting of your local city, you provide the photo and a rough idea of what your trying to acheive (for examples sake, assume order was placed online)... you would struggle to then return the item on the basis the artist can easily sell the item to one of the other 50k people living in that city.